IT IS IMPORTANT TO SELECT THE RIGHT LAWYER TO DO YOUR TRIAL AS THE COURT MAY NOT GRANT AN ADJOURNMENT TO GET A NEW LAWYER AFTER THE TRIAL BEGINS
H. Michael Stern, Esq., a New York matrimonial and family law attorney and mediator with over 30 years of experience suggests that a litigant must be careful to select the right seasoned and experienced matrimonial lawyer to try his or her divorce case.
In a recent case determined by the Appellate Division, 2nd Department in New York, the Appellate Court affirmed the trial judge’s determination that a litigant who wanted to change lawyers after the trial was underway was not entitled to an adjournment of 60 to 90 days to secure new counsel to conclude the trial. In that case, the litigant failed to meet his burden to demonstrate that the requested adjournment was necessitated by forces beyond the litigant’s control and was not a tactic for purposes of delay. The lesson to be learned from this case is that there is no guarantee that a Court will permit an adjournment for the substitution of counsel once a trial or hearing has commenced.
Thus, in my opinion it is absolutely critical to hire a seasoned and experienced matrimonial trial counsel with a record of success in cases with similar facts and circumstances at the beginning of the case. I believe that clients should not be treated as guinea pigs. Absent a novel issue of law or fact, I believe that a lawyer should not be learning how to try the case on the fly at the client’s risk and expense.
I have been trying divorce cases and Family Court hearings since 1987. My goal first and foremost is to win at trial when a settlement cannot be reached in the case. Focusing on the needs of the client and the results sought have always been a hallmark of my Long Island practice over the past 30 years.
Feel free to contact me, H. Michael Stern, Esq.,a Nassau County divorce attorney, if you are interested in discussing your matrimonial, divorce or family law matter at hmsternesq@gmail.com or by phone at 516 747 2290. The initial consultation is free.
My office is conveniently located adjacent to the Roosevelt Field Mall ring road at 666 Old Country Road, Suite 555 in Garden City, Nassau County, New York.
Written by: H. MICHAEL STERN, Nassau County Divorce Attorney